26/08/2026
Dad dies. His Will leaves everything to his second wife. What happens to the kids from his first marriage?
This is one of the questions that comes up again and again in blended-family estate planning.
And the answer is not simply:
“They’re his kids, so they’ll get their share.”
If Dad leaves his entire estate to his second wife, his children from his first marriage do not automatically receive part of his estate just because they are his children.
They may, however, be eligible to make a family provision application if adequate provision has not been made for their proper maintenance and support.
But eligibility to make a claim does not mean they will automatically succeed.
The Court looks at the individual circumstances, including the provision made by the Will, the circumstances and needs of the people involved, the nature and value of the estate, and other relevant factors.
And there’s another issue families often don't think about:
What happens to Dad’s wealth after his second wife dies?
If assets pass to her outright, Dad’s Will generally no longer determines where those assets ultimately go.
She may have her own children.
She may remarry.
Her Will may change.
And Dad’s children may ultimately receive less than he assumed - or potentially nothing from those assets.
That doesn't mean leaving everything to your spouse is necessarily wrong.
It means blended families often need more sophisticated estate planning than “everything to my spouse, then the kids.”
If you have children from a previous relationship, your Will needs to reflect the family you actually have - not the simple family structure most basic Wills assume.
📩 DM me “BLENDED” if you want to talk about getting your estate planning sorted.
I work with clients Queensland-wide. Appointments are limited.
General information only. Estate planning and family provision matters depend on individual circumstances. Legal advice should be obtained about your particular circumstances.